The Victorian Traditional Owner Settlement Act – Taungwurrung negotiations

24 years on, the Victorian Traditional Owner Settlement Act (TOSA) remains the only State or Territory legislative response to the 1993 Commonwealth Native Title Act (NTA). In the aftermath of the High Court’s 2002 decision in relation to the Yorta Yorta native title claim and in response to the demands of Victorian traditional owners for recognition that the NTA seemed unable to deliver in the Victorian context, the TOSA was enacted in 2010 as a means of delivering an alternative native title outcome to Victorian first nation groups. The Taungwurrung people are in current negotiation with the State of Victoria and the recent decision in the Timber Creek matter has implications for the scope of the settlement package that might be secured. This presentation will (i) outline the key provisions of the TOSA, (ii) outline the outcomes so far secured by Victorian groups pursuant to the TOSA, and (iii) discuss the potential implications of the Timber Creek decision for the Taungwurrung people and other groups in negotiations with the State.